Poulin v. Colvin

Filing 22

ORDER granting 21 Stipulated Motion for EAJA Attorney fees - by Judge David W. Christel.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 DAVID POULIN, 11 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, CASE NO. 3:16-cv-05752-DWC ORDER ON PLAINTIFF’S STIPULATED MOTION FOR EAJA FEES Defendant. This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate Judge and Consent Form, Dkt. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7. This matter is before the Court on Plaintiff’s Stipulated Motion for EAJA Fees. Dkt. 21. Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s Motion (Dkt. 21), the Declaration of Janet Leanne Martinez (Dkt. 21, Exh. 2), attorney time and expense itemizations (Dkt. 21, Exh. 1), Plaintiff’s declaration of net worth and assignment of an EAJA fee award (Dkt. 21, Exh. 3) and the relevant record, the Court orders EAJA attorney’s fees 24 ORDER ON PLAINTIFF’S STIPULATED MOTION FOR EAJA FEES - 1 1 of $4,605.05 and expenses of $3.64, for a total of $4,608.69, be awarded to Plaintiff pursuant to 2 EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524 (2010) (“EAJA Award”). 3 The Acting Commissioner agrees to contact the Department of Treasury after this Order 4 is entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the 5 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the 6 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly 7 to Douglas Drachler McKee & Gilbrough. If there is an offset, any remainder shall be made 8 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard 9 practices, and the check shall be mailed to Plaintiff’s counsel, Janet Leanne Martinez, at Douglas 10 Drachler McKee & Gilbrough, 1904 3 Ave., Ste. 1030, Seattle, WA 98101. 11 Dated this 27th day of April, 2017. A 12 13 David W. Christel United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 ORDER ON PLAINTIFF’S STIPULATED MOTION FOR EAJA FEES - 2

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